BADSHAH KHAN Vs. SHREE NARAIN DHARAMSHALA PRIVATE TRUST

JUDGEMENT

(1.) 1. This is tenant's petition. The case of the petitioner is that the respondents filed S.C.C suit no. 49 of 2000 in the Court of Judge Small Causes, Jhansi for eviction of the petitioner-tenant and recovery of rent amount to Rs.4,647/- on the ground that the Shree Narain Dharamshala Private Trust is a private trust and Sri Mangal Sen Chhabra is its trustee. The petitioner is tenant in the first floor of the house belonging to the trust on a monthly rent of Rs.500/-. He was in arrears of rent from 1.9.1999 to 30.4.2000 amounting to Rs.4000/- and despite notice dated 8.5.2000 served upon him on 11.5.2000, no rent was paid.

(2.) It is alleged that the trial Court vide ex parte judgment dated 7.8.2000 decreed the suit for eviction; recovery of Rs.4,647/- and Rs.20/- per day as damages without recording any finding as required by law.

(3.) Petitioner was posted as Constable in the Police Department and was transferred from Jhansi on 14.8.2004. He moved application dated 1.5.2004 under Order IX Rue 13 of the Code of Civil Procedure (paper no. 3-C) which was registered as Misc. Case no. 51 of 2004. He also filed application for condonation of delay, supported by affidavit on 20.5.2004 and deposited Rs.35,000/- through challan dated 15.5.2004 in the State Bank of India Jhansi.